Frequently asked questions

About the ICAC

Does the ICAC investigate every report of suspected corruption that it receives?

Every report the ICAC receives is carefully assessed, but investigation is only one of the options open to the ICAC. Reports may also be referred back to the relevant public authority for action, referred to other agencies if they are outside the ICAC's jurisdiction or used as the basis for corruption prevention work with the relevant public authority.

Can the ICAC deal with allegations of corruption against Members of the NSW Parliament and NSW judges and magistrates?

Yes, because Members of Parliament, magistrates and holders of judicial office are public officials within the meaning of the ICAC Act.

Can the ICAC deal with allegations of corruption in NSW local government?

Yes, because local government authorities are included within the definition of a "public authority" in the ICAC Act. The ICAC can investigate conduct involving councillors as well as employees of local government.

Can the ICAC deal with allegations of corruption in the NSW Police?

The Law Enforcement Conduct Commission is responsible for investigating allegations of misconduct, including corrupt conduct, involving members of the NSW Police Force (including administrative employees) and the NSW Crime Commission. The ICAC may investigate corrupt conduct involving staff of the NSW Police Force and NSW Crime Commission provided the matter involves other public officials.

Can the ICAC deal with allegations of corruption in the private sector?

No, not unless public officials and/or public authorities are involved or affected. In some circumstances, private contractors and consultants can be considered to be public officials if they are exercising public official functions.

Does the ICAC have the power to prosecute people?

No. The ICAC can obtain the advice of the Director of Public Prosecutions (DPP) with respect to the prosecution of persons for specified criminal offences.

The ICAC has power to commence proceedings for a criminal offence, but only on advice from the DPP. In practice, court attendance notices are taken out in the name of the Solicitor for Public Prosecutions.

About corruption

Can a private citizen engage in corrupt conduct?

A private citizen can engage in corrupt conduct by:

influencing, or trying to influence, a public official to use his or position in a way that is dishonest or partial

engaging in conduct that could involve one of the matters set out in section 8(2A) of the ICAC Act where such conduct impairs, or could impair, public confidence in public administration.

How does someone come to be found to be corrupt?

The ICAC may, based on evidence available to it, make a finding that an individual has engaged in serious corrupt conduct. In all cases where a public inquiry has been held or where a matter has been referred for investigation to the ICAC by both Houses of the NSW Parliament, the ICAC's findings are published in investigations reports that are provided to the NSW Parliament.

Investigation reports are available on this website for a period of 10 years after they are made public.

What sort of conduct is corrupt?

For the purposes of the ICAC's work, corrupt conduct is defined in sections 7, 8 and 9 of the Independent Commission Against Corruption Act 1988 ("the ICAC Act"). Generally, corrupt conduct involves:

a NSW public official improperly using, or trying to improperly use, the knowledge, power or resources of his or her position for personal gain or the advantage of others

a NSW public official dishonestly exercising his or her official functions or improperly exercising his or her official functions in a partial manner, exercising his or her functions in a way that breaches public trust or misuses information or material acquired during the course of his or her official functions

a member of the public influencing, or trying to influence, a NSW public official to use his or her position in a way that is dishonest or partial

a member of the public engaging in conduct that could involve one of the matters set out in section 8(2A) of the ICAC Act where such conduct impairs or could impair public confidence in public administration.

Reporting corruption

Can I be sued for defamation as a result of lodging a complaint with the ICAC?

No. There are protections against actions for defamation afforded to those who provide the ICAC with information.

Can I be victimised as a result of lodging a complaint with the ICAC?

If you are a current NSW public official or person engaged to provide services to a NSW public authority (including an empoyee or officer of a corporation engaged to provide services) and you make a complaint to the ICAC as a public interest disclosure, your matter falls within the Public Interest Disclosures Act 1994 and it is an offence for reprisal action to be taken against you for doing so. This includes such things as harassment, discrimination and dismissal from employment.

It is an offence against the Independent Commission Against Corruption Act 1988 for anyone to victimise a member of the public for assisting the Commission - see section 93 of the ICAC Act.

If you consider you have been victimised as a result of lodging a complaint you should let the ICAC know immediately.

Can I report a corruption matter anonymously?

Yes. However, this can affect our ability to deal with the information. For example, we will not be able to contact you to verify or check any facts. Nor will we be able to contact you to advise you of what action the ICAC may be taking.

Can I tell others that I have reported a matter to the ICAC?

The ICAC cannot prevent you from reporting matters to others, however this is not advisable. It may affect the ability of the ICAC to take any necessary steps.

Can someone gain access to material I have provided to the ICAC under freedom of information legislation?

No. The ICAC's complaint-handling function is exempt from freedom of information legislation.

Do I need proof?

While proof is not required the ICAC is unlikely to take any action if your allegations are based on speculation. It does assist the Commission if you can provide information to support your allegations. While you are not expected to know the truth of the matter you are reporting, please note that it is an offence to deliberately provide false and misleading information to the ICAC.

How do I report a matter?

The ICAC accepts complaints from the general public and from public officials in the following forms:

in person – the ICAC is located at Level 7, 255 Elizabeth Street, Sydney. It is advisable to make an appointment with the Assessments duty officer if you wish to lodge your complaint in person.

How will I find out what has happened with my complaint?

You will be notified in writing of the ICAC's decision after the matter has been reported to the Assessment Panel.

What details do I need to make a complaint?

To assess your information fully, you should let us know:

what happened

when it occurred

who was involved (including names and titles of public officials)

why you consider the conduct corrupt

whether you have any documents that might support your allegations

who else you have reported it to and what response have you received, if any.

What will happen to my matter?

All reports and complaints received that are within the ICAC's jurisdiction are considered by an internal committee made up of senior officers – the Assessment Panel.

This Panel decides on the action the ICAC will take:

refer the matter to another agency or take no action

request an investigation and report-back by another agency

conduct assessment enquiries

provide corruption prevention analysis and/or advice

undertake an investigation.

Who can I complain about to the ICAC?

The ICAC is concerned with investigating, exposing and preventing corruption in and affecting the NSW public sector. The ICAC does not have jurisdiction over the NSW Police Force or the NSW Crime Commission, nor over private sector organisations or individuals unless their conduct involves:

a member of the public influencing, or trying to influence, a NSW public official to use his or her position in a way that is dishonest or partial

a member of the public engaging in conduct that could involve such matters set out in section 8(2A) of the Independent Commission Against Corruption Act 1988 where such conduct impairs or could impair public confidence in public administration (information in bold updated October 2015 to reflect the Independent Commission Against Corruption Amendment Act 2015).

The ICAC does not have jurisdiction over entities in other states or at a federal level.

Who can lodge a complaint with the ICAC?

Any member of the public, including public officials, can lodge a complaint but the matter must concern suspected corrupt conduct affecting the NSW public sector. If you are a current NSW public official or an individual contracted to a NSW public authority at the time you report your concerns, you may be entitled to the protections available under the Public Interest Disclosures Act 1994.

Who has a duty to report matters to the ICAC?

Section 11 of the Independent Commission Against Corruption Act 1988 provides that all principal officers of NSW public sector authorities have a duty to report all matters they suspect on reasonable grounds concerns corrupt conduct. This includes general managers of local councils, secretaries and chief executives of government departments, as well as any officer who constitutes a public authority. Others with a duty to report such matters include the NSW Ombudsman, the Police Commissioner and ministers of the Crown.

For any questions about this reporting duty, please contact the Manager Assessments on (02) 8281 5786.

Will I be given a copy of the information other people involved in the complaint or report give to the ICAC?

No. We can provide you with copies of any material you have sent to us but we do not release information provided by others.

Will I need a lawyer?

You do not need to retain a lawyer to report suspected corrupt conduct to the ICAC.

Will it cost me anything to lodge a complaint?

No, there is no charge for the Commission to receive your information. However, bear in mind that the Commission is not a complaints resolution service and our role is to receive information about suspected corrupt conduct and act accordingly.

Will the ICAC disclose the information I provide to others?

The primary concern of the ICAC is what is in the public interest. If the ICAC decides that the information should be provided to another agency then it will be passed on. Please notify the ICAC if you do not want your details disclosed as the source of the information. While the ICAC will consider your wishes, anonymity cannot be guaranteed.

Preventing corruption

Am I required to act on corruption prevention advice received if it is sought personally?

The ICAC prevention advice line does not issue directives or require compliance. It is intended as an advisory service to assist public officials to reduce the risk of corruption occurring in their organisations.

Can I obtain corruption prevention advice anonymously?

Yes. The Prevention Advice line enables you to call an experienced ICAC corruption prevention practitioner any day of the week without giving your name or identifying your agency if that is what you prefer.

If I approach the ICAC for corruption prevention advice, do I have to inform my organisation? Can I only seek advice officially?

No. You can seek advice without acting as a representative of the organisation that you work for. You can contact the corruption prevention advice line simply as an individual public sector employee or to discuss a prevention issue perhaps preliminary to taking more formal or official action.

If I ask for corruption prevention advice and confess that I have done something corrupt, will ICAC investigate me?

This will depend on what you have done.

If the organisation receives corruption prevention advice, is it required to accept it and act on it? Should I make a report to ICAC about this if it does not?

The advice of prevention staff is not a directive. Rather it is intended to help you decide on a course of action to reduce the risks of corruption in your own context. The ICAC will only act on information reported if it indicates corrupt conduct.

ICAC investigations

Can I be investigated if I no longer work for the public sector?

The Independent Commission Against Corruption Act 1988 (the ICAC Act) allows the ICAC to investigate the conduct of public officials even when they are no longer employed in the NSW public sector. However, the conduct under investigation must have occurred whilst the person was a public official.

Can I give my evidence in private?

The ICAC has the power to take evidence from witnesses in private. This is a decision for the presiding Commissioner who must have regard to the public interest.

Could I be arrested and charged?

If a person who has been summoned to appear at an ICAC public inquiry or compulsory examination fails to appear, then the Commissioner may issue a warrant for their arrest. In these circumstances, the person will be arrested and delivered into the custody of the ICAC for the purpose of giving evidence.

At the conclusion of an investigation, if it is appropriate to do so, the ICAC may recommend to the Office of the Director of Public Prosecutions that it consider prosecution action against a person based on the available evidence.

Do I have to co-operate with the ICAC?

The ICAC Act provides the ICAC with significant powers to investigate a matter. It is an offence to fail to provide required records, give untruthful answers to questions asked of you at an interview or ICAC public inquiry or compulsory examination or to hinder an ICAC investigation.

How can I find out whether I am under investigation?

Generally the ICAC will neither confirm nor deny that it is conducting an investigation before a matter is able to be made public. This includes people whose conduct may be under investigation.

If I resign would the ICAC stop investigating me?

The reasons for the ICAC commencing an investigation would not be affected by your decision to resign. There is no legal impediment to the ICAC continuing its investigation.

Should I tell work that I am under investigation?

This will depend on whether the ICAC has placed any restrictions on you divulging the fact that you are under investigation. If you are in any doubt you should contact the ICAC.

Will other people find out that I am being investigated?

While the ICAC takes care to maintain confidentiality, it may be unavoidable that the person whose conduct is under investigation will be identified. This may occur through the process of conducting interviews, the taking of statements, the service of notices and the taking of evidence. The ICAC may also conduct a public inquiry and publish a report on its investigation, in which case details of the investigation will be made public.